16 Tex. Admin. Code § 25.493 - Acquisition and Transfer of Customers from one Retail Electric Provider to Another
(a) Application.
This section applies when a retail electric provider (REP) acquires customers
from another REP due to acquisition, merger, bankruptcy, or other similar
reason.
(b) Notice requirement. Any
REP other than a provider of last resort (POLR) that will acquire customers
from another REP due to acquisition, merger, bankruptcy, or any other similar
reason, shall provide notice the notice required by subsection (c) or (d) of
this section to every affected customer. The notice may be in a billing insert
or separate mailing, at least 30 days prior to the transfer. If legal or
regulatory constraints prevent the sending of advance notice, the notice shall
be sent promptly after all legal and regulatory impediments have been removed.
The POLR shall comply with the requirements of §
25.43 of this title (relating to
Provider of Last Resort (POLR)). Transferring customers from one REP to another
does not require advance commission approval, unless the transfer is due to
abandonment of a REP. The acquiring REP shall also inform the commission or
commission staff of the acquisition of customers.
(c) Contents of notice for adverse changes in
terms of service. If the transfer of a customer will materially change the
terms of service for the affected customer in an adverse manner, the notice
shall:
(1) identify the current and acquiring
REP;
(2) explain the reasons for
the transfer of the customer's account to the new REP;
(3) explain that the customer may select
another REP without penalty due to the adverse change in the terms of service,
and if the customer desires to do so, that they should contact another
REP;
(4) identify the date that
customers will be or were transferred to the acquiring REP;
(5) provide the new terms of service,
including the Electricity Facts Label of the acquiring REP; and
(6) provide a toll-free number for a customer
to call for additional information and the identity of the party being
called.
(d) Contents of
notice for transfers with no adverse change in terms of service. If a transfer
of a customer will not result in a material adverse change to the terms of
service for the affected customer, the notice is not required to contain the
information required by subsection (c)(3) of this section.
(e) Process to transfer customers. The
registration agent shall develop procedures to facilitate the expeditious
transfer of large numbers of customers from one REP to another.
Notes
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